Sixth Circuit Points Out Limits of NLRB Adjudicatory Rulemaking
The U.S. Court of Appeals for the Sixth Circuit invalidated the NLRB's new "Cemex" bargaining‑order standard, ruling that the Board overstepped its adjudicatory authority by creating a broad rule without notice‑and‑comment rulemaking. The decision, issued in Brown‑Forman v. NLRB, reaffirms the 1969 Gissel framework as the proper basis for issuing bargaining orders after unfair labor practices. While the ruling applies only within the Sixth Circuit, it signals a procedural hurdle for the NLRB’s attempt to expand its remedial toolkit. Employers now have a clearer path to contest Cemex‑style orders in other jurisdictions.
Blow the Whistle, Get Paid: Treasury’s New Proposed Weapon Against Financial Crimes, Including Healthcare Fraud
The U.S. Treasury’s FinCEN has proposed a whistleblower reward program that would pay 10 %‑30 % of penalties exceeding $1 million for original tips on financial crimes, including violations of the Bank Secrecy Act, IEEPA, TWEA and the Kingpin Act. The rule permits...
Littler Welcomes Shareholder Kathleen Lucchesi in Charlotte
Littler, the world’s largest employment‑law firm, announced that Kathleen “Kathi” Lucchesi has joined its Charlotte office as a shareholder. Lucchesi comes from Jackson Lewis with over 20 years of experience handling hiring, termination, discrimination, wage‑hour compliance, and federal investigations. Her...
Maine Greatly Expands Department of Labor’s Enforcement Powers Against Employers
Maine enacted LD 1587, expanding the Department of Labor’s enforcement powers effective July 14, 2026. The law grants the Director subpoena authority, the right to review records, and mandates that employers post violation notices and notify both current and former employees. Penalties now...
Policy Week in Review – April 10, 2026
The House Education and Workforce Committee introduced the Stronger Workforce for America Act of 2026, a reauthorization of WIOA that would move adult‑education and family‑literacy programs from Education to Labor, but the proposal has lost bipartisan backing. The EEOC reported...
Form I-9 Updates: ICE Sets Aside Many of the Prior Positions for Determination of Substantive and Procedural Errors
On March 16, 2026 ICE issued a revised fact sheet that reclassifies dozens of Form I‑9 errors as substantive violations, expanding the list to 28 substantive and several new technical errors. The changes elevate omissions such as missing date of...
Littler Elects Ted Schroeder to Board of Directors
Littler, the world’s largest employment‑law firm, announced that shareholder Ted Schroeder will join its 2026 Board of Directors, succeeding Michael McGuire, who moves to corporate secretary. Schroeder, a veteran of the Pittsburgh and Charleston offices, brings extensive litigation experience and...
Virginia Advances Heat Illness Legislation While Other States Are Poised to Follow Suit
Virginia’s legislature has passed companion bills HB 1092 and SB 288 that would obligate the state Safety and Health Codes Board to adopt heat‑illness protection standards by May 1 2028. The measures require water, shade, acclimatization, training and emergency procedures for indoor and outdoor...
Oregon Court Clarifies That Asking for a Raise Is Protected by Wage Transparency Law
The Oregon Court of Appeals ruled that the state’s wage‑transparency statute, ORS 659A.355, protects employees who request a raise from retaliation, even when no pay‑equity or discrimination claim is raised. The decision overturns a trial‑court summary‑judgment in Mirkovic v. Tenasys Corp,...
Digging In - A Practical Guide to L&E Diligence in M&A
On April 28, 2026, Littler hosted a one‑hour webinar titled “Digging In – A Practical Guide to Labor & Employment Diligence in M&A.” The session, part two of a series, walked participants through the full spectrum of L&E due‑diligence topics, from wage‑and‑hour...
The 2026 Littler Executive Employer Conference
The 2026 Littler Executive Employer Conference is an invitation‑only gathering for senior in‑house counsel and C‑suite leaders focused on labor and employment law. The event features workshops, roundtables and deep‑dive sessions covering compliance, benefits, IE&D, privacy and workforce solutions. Registration...
Paid Leave After Termination: Key Takeaways From a New German Federal Labor Court Decision on Employment Contracts and Company Cars
The German Federal Labor Court ruled on March 25, 2026 that blanket paid‑leave release clauses lacking objective grounds are unenforceable. Employers must rely on case‑by‑case balancing of interests and document reasons before placing a terminated employee on paid leave. While paid leave...
Rejection Due to Headscarf – German Federal Labor Court Holds Employer Liable for Compensation
The German Federal Labor Court (BAG) ruled that a job applicant rejected for wearing a religious headscarf is entitled to compensation, awarding her €3,500 (approximately $3,850). The court held the employer liable even though a third‑party recruiter conducted the selection,...
Employers See Spike in Labor Department Immigration Enforcement
The U.S. Labor Department has dramatically increased enforcement of its new H‑1B salary proposal, targeting employers whose wage offers fall below the updated prevailing wage thresholds. Companies are already seeing a wave of audits and wage‑level reviews, with many expecting...
Law360 Announces The Members Of Its 2026 Editorial Boards
Law360 announced that Bradford Kelley has been re‑selected for its 2026 Employment Authority Discrimination Editorial Board. The board curates the outlet’s coverage of workplace discrimination, including EEOC actions and state agency enforcement. Kelley’s repeat appointment underscores his standing in employment...
